Some variation of the question "Will I go to jail?" or "What is the likelihood of serving time?" is commonly asked of criminal defense attorneys. Unfortunately, there is no easy way to predict the outcome of a specific case without first thoroughly reviewing the facts of the situation. The sentence imposed by a judge, or negotiated in advance with the prosecutor, depends on the circumstances of the case and requires a case-by-case discussion with an attorney.
Nevertheless, there are situations where judges may opt for a "custody alternative" sentence instead of actual jail time. Electronic monitoring, often known as "house arrest," and Sheriff's Work Program (SWP), also called "work project" or "supervised community service," are the most common forms of alternative custody programs in El Dorado County and many other counties in California. These sentences are frequently imposed in misdemeanor cases such as driving under the influence (DUI) or driving with a suspended driver's license (California Vehicle Code § 14601).
While not all DUI cases result in a custody alternative sentence, in El Dorado County, most first-time DUI offenders are eligible for a custody alternative sentence and can avoid additional jail time after their initial arrest. However, it is crucial to have an experienced criminal defense attorney who can assess the likelihood of receiving an alternative sentence and negotiate with the prosecutor or judge to avoid a county jail sentence.
It's important to note that being allowed to serve a sentence through a custody alternative program is a privilege granted by the judge, not a right. The judge typically assigns a specific number of days in county jail but allows the sentence to be served through an alternative program such as house arrest or SWP. It is the individual's responsibility to enroll in and successfully complete the program as instructed. Failure to comply with the rules of the custody alternative program can result in additional penalties, fines, the court issuing a non-compliance warrant, revoking probation, or converting the original sentence to be served in county jail.